Bain trial: He didn't have a fit, court told

Judge Graham Panckhurst is presiding over the three-month trial. Pool photo

David Bain did not have a fit on the morning that police found five of his family members with gunshot wounds to their heads, the former chief ambulance officer of Dunedin has told the High Court at Christchurch.

Craig Wombwell told the court that it didn't appear Bain had had a "full blown fit" when he ran into the house after waiting outside for police to secure the scene.

He said he checked Bain's pulse and it appeared "normal".

Mr Wombwell said Bain's eyes were closed but the eyelids were flickering.

Under cross-examination, Mr Wombwell was shown an ambulance officer's report.

Bain's lawyer Michael Reed, QC, said an ambulance officer filled in the report and indicated that Bain was unconscious. The report also contained the numeral "3" with a question mark beside it, indicating that Bain had been unconscious for about three minutes.

Mr Wombwell said that report was filled in by ambulance officers "some time" after the alleged fitting episode.

Constable Leslie Andrew also gave evidence about Bain's fit which he described as "a bit strange" because Bain's eyes appeared normal.

Bain had been sitting on his bedroom floor with his back against his bed and knees tucked up when police officers broke into the house.

"I turned to the accused and he was shaking. Then he fell backwards between the bed and the wall," Mr Andrew told the court.

He said he had seen two people have epileptic fits. He said he had also seen people have fits after falls while he was a contract manager on the Twizel dam.

Mr Andrew told the court that the eyes of people who he had seen have fits would have been flickering.

"The whites of eyes become quite predominant and the eyes flicker a lot," Mr Andrew said.

He told the court that he then put Bain in the recovery position before ambulance officers walked into the room

Under cross-examination, Mr Andrew confirmed to Bain's lawyer HelenelenHe Cull, QC, that he has had no neurological or psychiatric training.

She asked about a note in Mr Andrew's notebook from the morning of June 20, 1994, which read: "David's gone into shock" and further down: "David has come around".

Ms Cull asked: "You thought at the time that he'd gone into shock and come around?"

Mr Andrew replied: "Yeah".

Ms Cull asked: "That's consistent with someone losing consciousness?"

Mr Andrew replied: "Ah, yes".

He also confirmed that Bain began shaking after police officers downstairs yelled out that they had found a fifth body.

Ms Cull asked Mr Andrew if Bain was trying to stand up at the time.

"No, he just shook and fell backwards," Mr Andrew said.

He confirmed that he dragged Bain out from the side of the bed by Bain's left arm and leg before putting him in the recovery position.

He said he checked for a pulse and called ambulance officers and that Bain's body was limp.

Under re-examination by Crown prosecutor Cameron Mander, Mr Andrew said Bain's eyes were open as he dragged him out from between the bed and the wall.

Sergeant Murray Stapp told the court earlier this morning that he also witnessed David Bain fitting.

Mr Stapp was the first officer through the front door of the Bain house and said Bain was "shaking".

He was asked under cross-examination by Ms Cull if he thought Bain was shaking uncontrollably.

"I can't see inside his head. I do not know if he was in a position to control it or not. I think not," Mr Stapp said.

He said Bain's limbs were "just shaking. It appeared to be involuntary".

More ambulance officers will give evidence in the trial on Monday morning.